Ashley Poissant was jogging in May with friends on Perry Mills Road in Champlain when 85-year-old Ron Trombly hit her.

State police say his blood alcohol level was over the legal limit.

At the end of June, Trombly was arrested and charged with manslaughter, negligent homicide and drunken driving among other charges.

Still a Clinton County grand jury did not find enough reasonable cause to indict him.

“It's simple. He was drunk. He was driving. He was on the road, and he killed somebody. You know, how does he walk away from it?” Angela Bechard said.

Bechard was jogging with 27-year-old Ashley Poissant the night she was killed.According to New York State Police, Bechard's close friend and the young mother of three was run down by Trombly.

Police say Trombly was drunk. His blood alcohol content came in at .12, well over the legal limit.

“It was an instant nightmare that nobody asked for. It's a lot to take in and I was in complete shock,” Bechard said.

Not only was Trombly drunk when he came around the bend on Perry Mills Road, New York State Police and the district attorney say he saw the women jogging along the side of the road before the accident. That's why they say it was so unusual a grand jury chose not to indict him on any charges, including manslaughter and drunk driving.

“That's like saying to anybody that goes down the street it’s OK to drink and drive and kill somebody and you'll get off with it. It's fine, you know, and that's not acceptable. It's not acceptable here. It shouldn't be acceptable anywhere,” Shannon Rizzotto said.

That's why Rizzotto created the Justice for Ashley Facebook page and a petition on change.org, more than 1,200 people have already signed on.

“If our legal system was par with where it should be this wouldn't have happened and this guy wouldn't be sitting at home enjoying his life while this family is grieving it just wouldn't happen that way,” Rizzotto said.

Rizzotto plans to take those signatures to Clinton County District Attorney Andrew Wylie.“The justice system failed on this case,” Wylie said.

Wylie argued the case in front of the grand jury and he said all the evidence was there.“I just think that the grand jury may have held us to a higher burden of proof than they're required to do in this matter,” Wylie said.

“Everybody is wondering why? How? What happened, you know? And then it just opens up more wounds and it's more stressful and you get angrier. I don't know it just doesn't make any sense. Where's our justice system?” Bechard said.

Wylie said there is a still a glimmer of hope for Poissant's supporters. He plans to ask a judge to let him bring Trombly's case in front of another grand jury. If the judge agrees and they indict Trombly, he will have to stand trial, but if not Trombly will be a free man.

Poissant leaves behind a husband and three young sons. Her family did not want to be interviewed for this story because of a pending civil suit against Trombly.